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NY N010581




May 14, 2007

CLA-2-95:RR:NC:2:224

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.00.0080

Ms. Selena Bryant
Lillian Vernon
2600 International Pkwy
Virginia Beach, VA 23452

RE: The tariff classification of Aquatopia Bath Temperature Alarm, Item #004996 from China

Dear Ms. Bryant:

In your letter dated April 25, 2007, you requested a tariff classification ruling.

The sample submitted, Aquatopia Bath Temperature Alarm, is a digital bath water tester for testing the temperature of a baby’s bath water. While floating in the bath water, the Aquatopia Bath Temperature Alarm always knows the correct temperature for a child’s bath water and alerts you with an audible alarm if temperature rises above 100.40 F or 38 0 C or falls below 89.6 0 F or 32 0 C. This article automatically activates when placed in water and de-activates when taken out. The product has the whimsical appearance of a bath toy; it is colorful and will attract the attention of a young child while bathing. In addition, the item floats, making it a perfect bath toy. The sample will be returned, as requested.

The applicable subheading for the Aquatopia Bath Temperature Alarm will be 9503.00.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other toys; reduced-size ("scale") models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof: Other: Other. The rate of duty will be Free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Tom McKenna at 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

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